Migrant worker brothers, the boss is not responsible for the work injury, what should I do

If an employee suffers a work-related accident and the employer fails to perform its obligations, the injured employee shall handle it in accordance with the procedures for work-related injury insurance benefits.

The procedures for handling work-related injury insurance benefits are as follows: work-related injury identification - labor ability appraisal or occupational disease appraisal - determination of compensation amount - implementation.

The specific process is as follows:

1. Apply for work-related injury recognition (if the labor relationship is not clear, you should first apply to the labor arbitration commission for confirmation of the labor relationship).

Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

2. Apply for appraisal of labor ability and suspension of work and pay period.

Article 21 of the Regulations on Work-related Injury Insurance If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be appraised for his or her ability to work. 3. Apply for labor arbitration to determine the amount of compensation.

Article 54 of the Regulations on Work-related Injury Insurance If a dispute arises between an employee and an employer over work-related injury benefits, it shall be handled in accordance with the relevant provisions on the handling of labor disputes.

4. If the employer fails to pay the fees in accordance with the arbitration decision, it shall apply to the court for compulsory enforcement.

Article 51 of the Labor Dispute Mediation and Arbitration Law The parties shall perform the legally effective mediation documents and awards within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

First go to the labor department to complain, then consult a lawyer, and finally beat him!

Legal Analysis: Migrant workers injured on the construction site can be sued by the court regardless of the boss. If there are cases involving medical expenses, then the court will order the enforcement first.

If the medical bills are not paid, the court will enforce it. The procedure for filing a lawsuit with the court is as follows: 1. The plaintiff sues; 2. After the court accepts it, a copy of the indictment shall be served on the defendant; 3. The defendant submits a reply within 15 days; 4. For cases that are decided to be heard, the court shall notify the parties and make an announcement three days in advance; 5. Court investigation stage; 6. Court debate; 7. At the conclusion of the courtroom debate, a judgment shall be made in accordance with law; 8. Announcement of judgment.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 106:People's courts may, on the basis of the parties' applications, rule to enforce in advance in the following cases:

1) Recourse refers to alimony, alimony, childcare, pension, or medical expenses;

2) Recourse to labor compensation;

3) Where it is necessary to enforce it in advance due to the urgency of the situation.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and is subject to the jurisdiction of the people's court.

Article 236:Parties must perform on legally effective civil judgments or rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

Migrant workers who are injured on the construction site can sue the boss in court. If medical expenses are involved, the court will rule that the enforcement should be made in advance. If the medical expenses are not paid, the court will enforce it. After the worker is injured, the work-related injury identification and labor ability appraisal shall be carried out to enjoy the work-related injury treatment.

The procedure for filing a lawsuit in court is as follows:

1. The plaintiff sues;

2. After the court accepts it, a copy of the indictment shall be served on the defendant;

3. The defendant submits a reply within 15 days;

4. For cases that are decided to be heard, the court shall notify the parties and make an announcement three days in advance;

5. Court investigation stage;

6. Court debate;

7. At the end of the courtroom's rolling debate, a judgment shall be made in accordance with law;

8. Announcement of judgment.

Legal basis: Article 33 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Legal analysis: if the boss does not compensate for the occurrence of a work-related accident, it is recommended to apply for work-related injury appraisal in accordance with the process, and then the amount of compensation can be determined according to the appraisal level, if the boss can not compensate on time, you can complain to the local social security bureau, and then the two parties will coordinate, if the boss still does not compensate, then you can go through legal procedures to resolve.

Legal basis: Regulations on Work-related Injury Insurance

Article 17 Within one year from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, the injured employee or his immediate family members or trade union organization may directly submit an application for recognition of work-related injury to the labor and social security administrative department of the area where the unit is located.

Article 14 An employee shall be deemed to have suffered a work-related injury if he or she falls under any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering from violence or other accidental injuries during working hours and in the workplace due to the performance of work duties; (4) Suffering from occupational diseases; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a motor vehicle accident while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness or dies within 48 hours after rescue efforts are ineffective during working hours and at work; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

Legal analysis: if the boss does not compensate for the occurrence of a work-related accident, it is recommended to apply for work-related injury appraisal in accordance with the process, and then the amount of compensation can be determined according to the appraisal level, if the boss can not compensate on time, you can complain to the local social security bureau, and then the two parties will coordinate, if the boss still does not compensate, then you can go through legal procedures to resolve.

Legal basis: Regulations on Work-related Injury Insurance

Article 17 An injured worker, his or her immediate family members, or a trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly apply for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering from violence or other accidental injuries during working hours and in the workplace due to the performance of work duties; (4) Suffering from occupational diseases; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a motor vehicle accident while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

Legal analysis: report to the local labor inspection brigade and give priority to negotiation and settlement. To no avail, he applied to the labor arbitration department for arbitration and demanded compensation.

Finally, a lawsuit is filed with the people's court for compensation. The compensation items include: medical expenses, lost work expenses, nursing expenses, nutrition expenses, food subsidies, transportation expenses, etc.

Legal basis: Article 30 of the Regulations on Work-related Injury Insurance.

Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

Employee hospitalization rent refers to the food subsidy for work-related injuries, as well as the transportation, accommodation and transportation expenses required for work-related injuries to seek medical treatment outside the co-ordination area with a certificate issued by the medical institution and approved by the handling agency, and the specific standard of payment shall be stipulated by the people in the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

What you want to ask is what the boss should do if a migrant worker is injured? The steps that the boss should take are as follows:

First of all, the first action that the boss should take in the case of a migrant worker injured is to send the injured person in Gaoqing to the hospital for treatment** and ensure that the injured person receives adequate care. Secondly, the boss should ensure that the injured person receives the necessary financial compensation to cover the financial losses suffered by the injured person when they are injured.

In addition, the boss should also provide adequate medical insurance for injured migrant workers to ensure that they can receive adequate medical coverage.

Bosses should also have a safety management system in place to ensure a safe work environment. This system should include safety operating procedures, safety inspection procedures, safety training procedures, etc., to ensure the safety of the working environment.